MINUTES OF THE SENATE COMMITTEE ON JUDICIARY Sixty-eighth Session June 23, 1995 The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 9:00 a.m., on Friday, June 23, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Mark A. James, Chairman Senator Jon C. Porter, Vice Chairman Senator Maurice Washington Senator Mike McGinness Senator Ernest E. Adler Senator Dina Titus Senator O. C. Lee STAFF MEMBERS PRESENT: Allison Combs, Senior Research Analyst Lori M. Story, Committee Secretary OTHERS PRESENT: Margaret Springgate, Legal Counsel, Governor's Office Phil Galeoto, Lieutenant, Lobbyist, City of Reno, Reno Police Department Eric Cooper, Lobbyist, Nevada Sheriffs and Chiefs Association Jim Mulhal, Chief of State, Governor's Office The day's hearing was to be strictly a work session, the chairman explained. He told the committee that the Governor's Office wishes to clarify the definition of a loaded weapon in Assembly Bill (A.B.) 393. He asked Margaret Springgate, Legal Counsel, Governor's Office, and Phil Galeoto, Lieutenant, Lobbyist, City of Reno, Reno Police Department, to explain their proposed change as well as the need for it. ASSEMBLY BILL 393: Makes various changes related to possession of firearms by children and increases penalty for sale of certain firearms to children. Senator James referred to page 6 of the bill, lines 6 and 7, and page 9, lines 25 and 26, which contain the definition of the loaded firearm. The lines read, "For the purpose of this section a firearm is loaded if...(3) there is a cartridge in the magazine and the magazine is in the firearm, if the firearm is a semiautomatic firearm," he said. This definition is not complete, the senator explained, according to law enforcement representatives. Ms. Springgate explained the problem with the lines indicated occurs because the semiautomatic firearm has been separated out from the other firearms and provided with its own particular definition. This definition is incomplete because the semiautomatic could be loaded by placing a cartridge directly in the chamber of the weapon, without there being a magazine in the weapon. Lt. Galeoto carefully displayed two unloaded weapons; a revolver and a semiautomatic pistol. As Ms. Springgate explained the lieutenant demonstrated the guns to the committee. He also told the committee there are situations when an officer may be arresting an individual who is armed with a semiautomatic pistol. The officer may believe the weapon is not loaded because the magazine is not in the weapon. However, he continued, the arrestee could be secreting a cartridge in some location such as his mouth and without much effort or movement could insert that cartridge directly into the chamber of the weapon and fire it. Thus, even though the magazine is not in the gun, the gun could be loaded in the case of a semiautomatic weapon. Ms. Springgate offered a change in wording to the effect of adding on line 8 of page 6 and line 25 of page 9 of the bill, "...there is a cartridge in the chamber or" in front of the phrase, "in the magazine and the magazine is in the firearm." Senator James suggested it might be better to add a separate subsection with wording to that effect because he said he feels the proposed additional wording appears to be unclear when inserted as Ms. Springgate suggested. Some discussion ensued as to the best way to word the change. Ms. Springgate offered the alternative of adding the new phrase after the wording, "...and the magazine is in the firearm." The sentence would now read, "...there is a cartridge in the magazine and the magazine is in the firearm, or there is a cartridge in the chamber." This suggestion seemed to be acceptable. Senator McGinness asked if lines 4 and 5 of page 6 would already cover this means of loading a weapon. Ms. Springgate replied it would not because the semiautomatic weapons have been addressed in a separate section. Lt. Galeoto explained that while some people may use the word barrel to refer to the receptacle in the gun that holds the next cartridge to be fired, this receptacle is really the chamber. Additionally, some semiautomatic firearms will not fire when the magazine is not in the firearm even if there is a cartridge in the chamber, but some will. Therefore, the witness emphasized, the intent of this change is to ensure the bill covers all semiautomatic firearms in the loaded weapons definition. Eric Cooper, Lobbyist, Nevada Sheriffs and Chiefs Association, concurred with the proposed change. Additionally, the proper term for the receptacle is chamber in a semiautomatic weapon, he confirmed. Ms. Springgate stated there was a desire to remove any confusion about the intent of the bill and that is why this amendment was proposed. However, if the committee feels there is no need to make the change, she stated, she is happy to leave that decision to them. Senator James agreed that as the bill is currently drafted there is some confusion, but with the language change it should be effective in clearing up the concern. Senator Adler asked if there should be a change to the effective date. It currently reads the measure will become effective July 1, 1995, he noted, but since it is already June 23, 1995, there will be little time to have the law disseminated to the interested parties in time for its implementation. Senator James, along with the representatives of law enforcement and the Governor's Office opined the effective date would not be a problem. Lt. Galeoto explained how the Reno Police Department would handle the dissemination and implementation of the law. Senator Adler was not satisfied and feared there would be "people who go free" on the technicality of lack of notice. Ms. Springgate offered the senator her assurances, explaining her plan for traveling to the rural areas to inform and answer questions there. She stated she is concerned about the hunting issues in the bill and she plans to address them in a speedy fashion. Senator James called for a motion to obtain a committee amendment to address the definition of a loaded firearm. SENATOR LEE MOVED TO OBTAIN A COMMITTEE AMENDMENT TO A.B. 393 AS OUTLINED IN THE DISCUSSION. SENATOR McGINNESS SECONDED THE MOTION. Once again, Senator Adler asked to change the effective date, moving it back at least 2 weeks. Senator James responded the motion before the committee should be addressed first. THE MOTION CARRIED. (SENATOR TITUS WAS ABSENT FOR THE VOTE.) ***** Ms. Springgate explained the Governor's Office is not opposed to changing the effective date. However, there is concern that hunting license purchasers should have the provision dealing with licensure in place in time to purchase their licenses. She asserted the information would be provided to the hunters whether the date is changed or not. ASSEMBLY BILL 539: Provides penalty for failure to pay for parts specifically made for gaming devices. The chairman moved to A.B. 539, asking the committee's feeling on the bill. Senator McGinness said he does not like the bill. He stated he sympathizes with the proponent's problem, but this will turn the Legislature into a debt collection body. He asked the other senator's to offer their comments. The chairman explained the bill's intent and agreed with Senator McGinness that the bill is a debt collection bill. He said he thinks it best to avoid the "slippery slope" of expecting the Gaming Control Board to collect debts. Senator Adler opined that licensees should pay their debts on time. Senator Porter suggested the contract include fees for billing and interest, as a means to address the problem. The consensus among the committee was that the problem exists for all business enterprises. Senator McGinness suggested the bill would be similar to empowering the local county commission to go after business licenses of companies that do not pay their stationery bill. Senator Titus agreed, as did Senator Adler. SENATOR McGINNESS MOVED TO INDEFINITELY POSTPONE A.B. 539. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS JAMES AND ADLER VOTED NO.) ***** The committee questioned why the two senator's had voted no. Senator James explained the requester was one of his constituents and he felt he should support it. Senator Adler said he feels licensees should be held to a higher standard. ASSEMBLY BILL 540: Increases monetary limits relating to claims in justices' courts. The next bill brought was A.B. 540. Senator Adler explained he could not support the bill because he felt the issue was addressed in the previous session. He added that it is his opinion the bill moved the dollar limit too high for small claims issues. SENATOR ADLER MOVED TO INDEFINITELY POSTPONE A.B. 540. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** SENATE BILL 37: Makes various changes to provisions governing admission of defendants to bail. SENATE BILL 38: Provides in skeleton form schedule of uniform bail for application throughout the state. Senate Bill (S.B.) 37 and S.B. 38 were discussed next. Senator Adler opined the bills are good, but the judges association has removed the need for them. The association has implemented their own uniform bail schedule, he reported. SENATOR ADLER MOVED TO INDEFINITELY POSTPONE S.B. 37 AND S.B. 38. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** SENATE BILL 552: Provides additional penalty for certain crimes committed against person who is blind, mentally retarded or physically disabled. The chairman advised Senator Titus that it is not his intention to take any action on S.B. 552. He explained he believes it is a good bill, but it needs to be examined further. Senator Titus agreed the bill is meritorious, but the proponents are unprepared to bring the bill this session. The committee took no action on the bill. ASSEMBLY BILL 109: Authorizes issuance of protective order for victim of person charged with crime of harassment or stalking who is acquitted by reason of insanity. A.B. 109 addresses the insanity plea, the chairman noted, and there is a bill about to pass that would repeal this plea. He decided to hold the bill for another date. ASSEMBLY BILL 317: Makes various changes related to juvenile courts, sentencing, crimes and punishments. There is a need to make a change to A.B. 317 at the section pertaining to the sentencing commission, the chairman noted. Senator James told the committee there was discussion regarding the appointment of members of the sentencing commission. Referring to page 14 of the bill, line 14, it indicates one member is appointed by the majority leader and one by the minority leader of the Senate. On lines 17 and 18, the Assembly speaker appoints their members from different political parties. The language was drafted anticipating the Assembly having two speakers, one from each party. The problem is that there may not be two speakers in the Assembly in the future. If one party has control of the Assembly the appointment should be made differently, he explained; one by the speaker and one by the minority leader. Jim Mulhal, Chief of Staff, Governor's Office, offered this amendment would not cause any problem for the Governor. He stated this change is supported by the Assembly and the Governor. The chairman called for a motion to amend the committee's amendment to A.B. 317. SENATOR TITUS MOVED TO AMEND A.B. 317 AS DISCUSSED ABOVE. SENATOR WASHINGTON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ***** Senator Adler pointed out he lobbied the Governor to allow more legislative appointments, since the original proposal only called for a single Legislator to serve on the commission. The chairman stated this change increased the bill's chance of passage. There was no further business and the hearing adjourned at 9:45 a.m. RESPECTFULLY SUBMITTED: Lori M. Story, Committee Secretary APPROVED BY: Senator Mark A. James, Chairman DATE: Senate Committee on Judiciary June 23, 1995 Page